• Dodanis v Waikato District Health Board

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed dismissal was unjustified as based on past misconduct – Applicant began writing expletives on contractor’s bin lids – Respondent instructed him to…
    Result:
    Application dismissed ; Costs reserved
  • Zeng v Air New Zealand Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application to reopen investigation – Applicant sought to reopen personal grievance investigation in interests of justice – Respondent argued no miscarriage of justice if investigation not…
    Result:
    Application granted ; Costs reserved
  • Milner v Fonterra Group

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Respondent argued applicant did not raise unjustified dismissal personal grievance within 90 days – Applicant involved in accident at work and admitted to hospital with collapsed…
    Result:
    Application granted ; Orders made ; Costs reserved
  • Sage v I Redelman & Son Pty Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - One day investigation meeting - Applicant sought $7,000 contribution to costs in excess of $10,000 - Applicant claimed had offered to settle matters for…
    Result:
    Costs in favour of applicant ($4,500) ; Disbursements in favour of applicant ($70)(Filing fee)
  • Brikinshaw v Tepaki and Ors

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF WAGES – JURISDICTION – Applicant granted leave to pursue claim while overseas on ground one respondent (“T”) as principal of other respondents now domiciled permanently in Cook Islands…
    Result:
    Application dismissed ; Costs reserved
  • New Zealand Amalgamated Engineering Printing and Manufacturing Union and Anor v Fonterra Cooperative Group Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE – Interpretation of collective employment agreement (“CEA”) – CEA provided for qualification payment – Whether applicant entitled to qualification payment where qualification not relevant to work performed – Applicant…
    Result:
    Application dismissed ; Costs reserved
  • Henning (Labour Inspector) v Reid Patterson Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF HOLIDAY PAY – Applicant Labour Inspector sought to recover outstanding holiday pay on behalf of MT – Applicant acquired appropriate records and calculated arrears – Respondent accepted calculated…
    Result:
    Application granted ; Arrears of holiday pay ($2,457.59) ; Penalty ($2,000)(Payable to applicant) ; Costs to lie where they fall
  • Alshammary v The Warehouse Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed remuneration change from salary to wages caused unjustified disadvantage – Respondent sought applicant’s agreement to temporarily change remuneration from salary to wages – Respondent offered…
    Result:
    Application dismissed ; Costs reserved
  • Woodhead v Resene Paints Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Poor performance – Applicant claimed unjustified final written warning and dismissal – Respondent argued actions justified given applicant’s refusal to engage in final disciplinary process – Applicant…
    Result:
    Application dismissed ; Costs reserved
  • Hopkinson v Cook Saddle Saloon

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Constructive dismissal - Applicant claimed breach of good faith sufficiently serious to make resignation reasonably foreseeable – Respondent argued applicant resigned for personal reasons…
    Result:
    Application dismissed ; Costs to lie where they fall